Colocation Services
Service Level Agreement
This Service Level Agreement (“SLA”) defines the performance parameters and quality level of the Colocation Services provided by DCLUX to the Customer under the Agreement. This document clarifies both Parties’ responsibilities and procedures to ensure the Customer needs are met in a timely manner.
This SLA and the Agreement shall be interpreted and applied together as a single instrument. In the event of any inconsistency between the SLA and the Agreement, the provisions of the Agreement shall prevail.
Any amendment or variation to this SLA shall only be considered as valid and enforceable if made in accordance with the procedure outlined in the Agreement. Unless otherwise and expressly defined in this SLA, all terms shall bare the same meaning as set out in the Agreement.
Article 1. Service Availability
The Colocation Services is guaranteed to be available as specified in Section 2 here below. The Colocation Services will be considered unavailable if the DCLUX Network is unable to provide the Power Supply on at least one power distribution unit, regardless to the fact that the Customer Hardware is connected to one or two power distribution units. (the “PDU”) The guarantee does not include the cabling and/or switching material connecting the Customer Hardware and the PDU and the Customer Hardware itself, nor does it include scheduled maintenance, outages or disruptions caused directly or indirectly by the Customer, or Force Majeure Events.
An outage is deemed to commence upon DCLUX verification of a disruption of the Colocation Service (“Outage) as reported by the Customer pursuant to the outage procedures (the "Outage Report") outlined in Section 6 below. An Outage is deemed to end when the Colocation Services are fully operative, less any delay experienced by DCLUX while either awaiting additional information from the Customer or awaiting access to the Customer premises where their Hardware is located. If the Customer reports that the Colocation Services are inoperative, but refuses to let DCLUX employees or agents access the Hardware to operate the necessary testing and repairing, the Colocation Services shall be considered impaired, but shall not be considered as an Outage for the purposes of this SLA.
Article 2. Datacenter and Equipment specifications
Datacenter Location Description/Specification
Address 8, rue Henri M. Schnadt L-2530 Luxembourg Cloche d’or Grand Duchy of Luxembourg or
3 rue Pierre Flammang L-8399 Windhof (Koerich) Grand Duchy of Luxembourg
Tier classification III or IV (depending on the Datacenter)
Rack Description/Specification
Rack space Depending on the Order Form Power granted Depending on the Order Form Power distribution 2 Power Distribution Units
Datacenter Floor Description/Specification
Floor load 500Kg/m2
Raised floor 600 mm
Headspace 3 m
VAC/Humidity 2N ventilation/cooling by units (ACRC500)
N cold water feed Individual connection (IEC 309 16 A
3P+N+PE)
Aimed Temperature 24°C
Aimed Humidity rate 50%Rh
Fire security Description/Specification
Detection System • Fluid
• Gas
• Smoke (dual system)
Fire extinction system Inert gas system
Fire alarm Direct alarm connection with Luxembourg city’s Fire department or with a security company (depending on the Datacenter)
Fire resistance Exterior walls F90 Doors T60
Public accreditation ITM certification
Fire brigade certification
Access Description/Specification
Visitors Access procedure rules detailed in the Access Agreement
Physical Intrusion prevention and detection Temper resistant windows/door Break into and motion detectors Manned patrol
CCTV in/ outside surveillance system
Article 3. Service Level Commitment
Service Bi-monthly availability
Power supply 99,900%
Cooling 99,5%
Article 4. Credit award
In case of Outage, the Customer shall be rewarded with Credit on their monthly invoice in accordance with the following table and the computation method detailed in Section 5 below (the “Credit Note”).
Availability Credit awarded
Power Supply
From 99,9% onwards 0%
99,8% 5%
99,5% and below 50%
Cooling
99,5% onwards 0%
99,4% 5%
99,3% 10%
99,2% 25%
99,1% and below 50%
Article 5. Bimonthly service level failure credit computation
Should DCLUX fail in two (2) calendar months to meet the Service Level Commitment, the Customer shall then be entitled to claim a Credit Note equal to a portion of the monthly fee net amount during which the service level commitment has not been abided and pertaining exclusively to the Colocation Services and excluding among others but not limited to the Installation costs, and Support Service and after application of the following rule:
For each quarterly period for which DCLUX will perform better than the Service Level Commitment, DCLUX shall retain 5% of the monthly fee net amount during which the service level commitment has been exceeded and pertaining exclusively to the Colocation Services, in order to compensate future Service Failure Fees. This retainer may be accrued during the six (6) last month prior to a Service Level Failure.
Article 6. Outage Report
6.1 To request a Credit Note from DCLUX, the Customer shall send an email detailing the outage or the Colocation Service interruption to [email protected] (“the Outage Report”).
In any cases where the Outage Report will be considered as valid by DCLUX, the Customer will be granted the applicable Credits in the form of a discount to be applied on its next invoice following the monthly period during which the Outage occurred.
The Customer understands and agrees that Outage Reports shall be made in good faith and warrants therefore that they will abstain from making inaccurate report.
The Customer further agrees that DCLUX may levy an hundred (100) euros fee for any inaccurate Outage Report made by the Customer.
6.2 In order to be considered by DCLUX, an Outage Report shall be sent within thirty (30) days following the outage and bare the following information:
• Reference of the Ticket opened with DCLUX Support service • Colocation Service affected
management and control and which are required by the Colocation Services. The Customer understands and agrees therefore that DCLUX non-essential resources are expressly excluded from the scope of this SLA. (an “Excused Outage”).
An Excused Outage is an outage: (a) caused by the acts or omissions of Customer and/or its End User or agents; (b) due to failure of the Customer Hardware; (c) caused by the failure or malfunction of non-DCLUX equipment or systems; (d) related to a Force Majeure Event; (e) during any period in which DCLUX is not given access to the Customer Hardware; or (f) caused by maintenance.
Article 8. Chronic Outage.
Customer may terminate the Colocation Services prior to the end of the Term without incurring early termination fee if, for reasons other than an Excused Outage, the Colocation Services experience an Outage: (a) on three (3) or more separate occasions of more than forty eight (48) hours each; or (b) a single continuous Outage of more than forty- two (42) hours during a bimonthly period.
The Customer may only terminate the Agreement by sending a written notice to DCLUX of such Chronic Outage within thirty (30) days after the event(s) giving rise to a right of termination hereunder. Except for any credits that have accrued pursuant to this SLA, Section 8 hereof sets forth the sole and exclusive remedy of Customer for Chronic Outages.
Article 9. Restrictions and limits
As stated in the Agreement as well as in the Order Form, the Customer understands and agrees that certain limitations apply to each type of the Colocation Services.
As such, any outage or service interruption deemed by DCLUX to be the result of an inappropriate choice of Colocation Services from the Customer shall not be eligible for Credit to the Customer.
Total credits awarded for the Colocation Services during any bi-monthly period for failure to meet any one or more of the guarantees set forth in this SLA will not exceed fifty percent (50%) of the total monthly fees for the affected Colocation Services.
